Question from ely, How Can Heirs Legalize Property Without Prior Public Deed?
Answer from AI:
To legalize a property in Spain without a prior public deed, the heirs of the last legal owner can follow these steps:
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Accept the Inheritance: The heirs must formally accept the inheritance, typically through a “declaración de herederos.” This process involves identifying the assets and liabilities of the estate.
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Obtain a Registry Certificate: They should get a certificate from the Property Registry (“Registro de la Propiedad”) to confirm the last registered owner and ensure there are no encumbrances or other claims.
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Public Act of Notoriety (Acta de Notoriedad): If there’s no dispute, the heirs can declare the property as theirs through an “acta de notoriedad.” This public act helps in registering the property without the original deed.
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Special Procedures for Rural/Urban Properties: Depending on the type of property, specific procedures may apply, such as “acceso a la finca régimen” for rural properties.
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Legal Assistance: Consulting a lawyer is advisable due to the complexity of the process, ensuring all legal requirements are met.
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Tax Considerations: Heirs should be aware of inheritance taxes and other fees associated with the process.
Relevant laws include the Spanish Civil Code (“Código Civil”) and the Mortgage Law (“Ley Hipotecaria”). For more information, visit the Spanish Property Registry or consult the Spanish Civil Code.
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